EEOC Issues Revised Guidance on Specific Disabilities

The ADA Amendments Act of 2008 (“ADAAA”) amended the Americans with Disabilities Act to expand the definition of “disability,” which had been limited over the years by court decisions. In enacting the ADAAA, Congress specifically rejected United States Supreme Court interpretations of the meaning of the term “disability.” The result of the ADAAA was to make it easier for individuals with impairments to demonstrate that they satisfy the definition of “disability.”
On May 15, 2013, the Equal Employment Opportunity Commission (“EEOC”) revised its guidance as it relates to several types of impairments, namely, cancer, disability, epilepsy, and intellectual disabilities. As stated by the EEOC Chair, Jacqueline A. Berrien, “Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability. Many of them are looking for jobs or are already in the workplace. While there is a considerable amount of general information available about the ADA, the EEOC often is asked questions about how the ADA applies to these conditions.”

New York State and New York City each has laws prohibiting discrimination on the basis of disability. The definitions of “disability” contained within the New York State and New York City laws were always substantially broader than the definition contained within the ADA. This remains true, even after the ADAAA was enacted.

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This blog focuses on employment law developments under federal and New York State law. Our goal is to address recent state and federal cases decided in New York, and to provide up-to-date information on legislative developments, particularly those affecting New York State and New York City. We hope this blog can serve as a resource for our clients and friends.

BLOG EDITOR

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. Sal advises clients with respect to state, federal and local employment laws, including the Fair Labor Standards Act, Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act, Family Medical Leave Act, and New York State and City employment laws. Sal counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues. Sal frequently lectures on employment law matters, and at continuing legal education seminars. He has written extensively on employment law issues as well as other legal issues affecting individuals and businesses.